Mens Rea

Question 1

Intention:

Answer 1

Direct intention shown in R v Mohan. Indirect intention shown in R v Woollin, which sets out the virtual certainty test. Indirect intention also shown in R v Matthews & Alleyne, where a jury is allowed to infer intention.

Question 2

Virtual Certainty Test:

Answer 2

R v Woollins:
The consequence is a virtual certain result of the act.
The def knows it is a virtually certain consequence.

Question 3

Recklessness:

Answer 3

Lowest level of mens rea. The def knows there is a risk but takes it anyway - R v Cunningham.

Question 4

Doctrine of Transferred Malice:

Answer 4

Where the mens rea of a crime is transferred over to the new victim. The def will still be liable for the resulting harm.
R v Latimer: mens rea was transferred onto an innocent bystander.
R v Pembliton: mens rea cannot be transferred onto an entirely different crime i.e. non-fatal offence to criminal damage.

Question 5

Contemporaneity Rule:

Answer 5

The courts may choose to apply this rule to ‘find’ a crime by pulling together the mens rea and actus reus to make one continuing act.
Fagan v MPC: actus reus came first.
Thabo Meli: mens rea came first.